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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
A. Under well-known circumstances where the victim of mistake of facts or misunderstanding of legal principles is aware of the fact that the defendant suffered difficulties due to lack of funds, it is reasonable to invest funds in the defendant by making a business agreement with the defendant to operate E-Sa and divide the profits therefrom. It is not reasonable to obtain money from the defendant under the name of the borrowed money, such as the facts charged
B. The lower court’s sentence is too unreasonable and unreasonable.
2. Determination
A. According to the evidence duly examined and adopted by the lower court, the lower court’s judgment on the assertion of mistake of facts and misapprehension of legal doctrine reveals ① from March 30, 2015.
4. Until June 29, 2015, the Defendant paid a total of KRW 78 million, and ② The victim’s repayment period under No. 263 of the notary public office on June 17, 2015, without interest, to the Defendant on April 6, 2015.
7. In a case where a loan is made on 31.3 and the defendant fails to return the above loan, the fact that a notarial deed in a monetary loan contract containing an expression of no objection is made even if a compulsory execution is conducted immediately, and the victim consistently stated that he/she has given the defendant the remainder of 7.8 million won, excluding two million won of the premium paid on behalf of the defendant, while lending KRW 8 million to the defendant. In addition, the victim's payment of KRW 78 million to the defendant should be deemed as a loan.
2. As to this, the Defendant concluded a partnership business agreement with the victim on the operation of E-Sa, and invested KRW 78 million from the victim, the victim was asked to prepare a notarial deed for the purpose of presenting the above money to her husband and received it from her husband. Thus, the Defendant asserts to the effect that the above notarial deed should not be accepted as a borrowed money.
However, by the aforementioned evidence, we find out.